Roman law ’s influence on russian civil law and procedure

Abstract

The subject of the research in this article is the influence of Roman law on Russian civil procedure. Roman law has undoubtedly had a huge impact on the development of civil legislation in many countries of the continental legal system, in particular on Russian law. But the importance of the institutes developed by Roman lawyers of different eras, has not received a decent assessment of experts. In this article, the authors propose to the reader the concept that Roman civil procedure, finally formed during the reign of Emperor Justinian, is the foundation for the development of civil proceedings in Russia at different during key stages of its development. It is also suggested that Roman law was indirectly received with the help of nineteenth-century German scholars. Full use of the potential of Roman civil procedure in Russian civil procedure is difficult, because in the Russian legal science researchers have paid little insufficient attention to the correlation of such an important stage in the development of Roman, Russian and the continental law. And yet the theoretical legal basis laid by Roman law, well-developed by Roman lawyers, with procedural institutions that have had a significant impact on Russian law. The degree of such influence on Russian law in different periods of history varied. The institutions of the claim, representation in civil procedure, as well as evidence and proof, were most affected by Roman law, although the importance of other institutions of Roman civil procedure should not be underestimated. This article is intended to initiate more fundamental analysis of the impact of Roman law on Russian civil procedure.